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2 01303910 <br />If my representations in Section 1 are still true in all material respects and if I have <br />satisfied all of the preconditions in Section 2, Borrower and Lender agree that this Loan <br />Modification Agreement ( "Agreement ") will, as set forth in Section 3, modify (1) the <br />Mortgage on the Property and (2) the Note secured by the Mortgage. The Mortgage <br />and Note together, as they may previously have been amended, are called the "Loan <br />Documents." Capitalized terms used in this Agreement and not otherwise defined have <br />the meanings set forth in the Mortgage and /or Note, as applicable. <br />1. My Representations. I certify, represent to Lender, and agree: <br />A. I am experiencing a financial hardship. As a result, (1) I am in default under <br />the Loan Documents and (2) I do not have sufficient income or access to <br />sufficient liquid assets to make the monthly mortgage payments due under the <br />Loan Documents. <br />B. I live in the Property as my principal residence. The Property has not been <br />condemned. <br />C. Except as approved in writing by the FHA or Lender, there has been no <br />change in the ownership of the Property since I signed the Loan Documents. <br />D. I have provided documentation for all income that I receive. I am not required <br />to disclose child support or alimony, unless I chose to rely on such income to <br />qualify for this loan modification program ( "Program "). <br />E. Under penalty of perjury, all documents and information I have provided to <br />Lender in connection with this Agreement, including (but not limited to) the <br />documents and information regarding my eligibility for the Program, are true <br />and correct. <br />F. I have made all payments required under a trial period plan, as required under <br />the Program. <br />2. Acknowledgements and Preconditions to Modification. I understand, <br />acknowledge, and agree: <br />A. As a precondition to receiving this proposed modification of the Loan <br />Documents, I must accept and fully execute the Lender's required subordinate <br />mortgage loan (also called a Subordinate Note and Security Instrument). <br />B. Prior to the Modification Effective Date (as defined in Section 3), if Lender <br />determines that any of my representations in Section 1 are no longer true and <br />correct, (1) the Loan Documents will not be modified, (2) this Agreement will <br />not be valid, and (3) the Lender will have all of the rights and remedies <br />provided by the Loan Documents. <br />I IiII II III II III II III I III II III II III II III II I I III I II I I I IIII II I III II I II I I III II II USC +FHAHM +8 9755 II II 1 III II 11 111 I11I I I II I I II III II III II I II II III 11Ill 1 1111 <br />2083082 + <br />Page 2 <br />